Green v. Paramo
ORDER Addressing Petitioner's Request for Clarification 15 , signed by Magistrate Judge Sandra M. Snyder on 12/10/14. (Verduzco, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:14-cv-01648-LJO-SMS HC
ORDER ADDRESSING PETITIONER'S
REQUEST FOR CLARIFICATION
DANIEL PARAMO, Warden,
Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 in this Court on October 22, 2014. On December 3, 2014, Petitioner
filed the Clerk's form declining to consent to jurisdiction of a magistrate judge. Thereafter,
Petitioner received the Clerk's notice that the case had been assigned to the Honorable Lawrence J.
O'Neill, U.S. District Judge, and the Honorable Sandra M. Snyder, U.S Magistrate Judge.
Petitioner requests clarification regarding the assignment of a magistrate judge following his
election not to consent to magistrate judge jurisdiction.
In the District Court for the Eastern District of California, magistrate judges perform certain
duties outlined in 28 U.S.C. § 636(a) and Local Rule 302. Among other things, magistrate judges
handle all pretrial matters, including scheduling, settlement, pretrial motions, and the screening of
complaints and petitions brought in propria persona. A magistrate judge may not preside over the
trial of a case or issue a dispositive order in a case without the consent of both parties to the case.
28 U.S.C. § 636(c).
Because Petitioner did not consent to magistrate judge jurisdiction, the Clerk of Court
assigned the case to District Judge O'Neill for final disposition. Petitioner's decision not to consent
to magistrate judge jurisdiction does not change the magistrate judge's other responsibilities,
however. Pursuant to 28 U.S.C. § 636(c) and Local Rule 302, Judge Snyder will continue to
perform her assigned pretrial duties but will not make the final or dispositive decision regarding the
petition. In a habeas corpus petition, such as the one brought by Petitioner, the magistrate judge
will also conduct an initial review of petition, the answer, and Petitioner's response to the answer, if
any, and provide the district judge with findings and recommendations. The district judge must
then review the record as a whole, all applicable law, and any objections to the findings and
recommendations that may have been filed by the parties, before issuing a final order granting or
denying the petition.
IT IS SO ORDERED.
December 10, 2014
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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